W911SD-22-R-0080 Solicitation DRAFT Final FY 22 GRAD Liginting.pdf

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SOLICITATION--2022 USMA Graduation Audio and Lighting Requirement
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W911SD-22-R-0080
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SEE ADDENDUM

(No Collect Calls)

W911SD22R0080 30-Mar-2022

b. TELEPHONE NUMBER

845-938-3120

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 15 Apr 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W911SD9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

IGNACIO CORDOVA

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0011759313

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MICC - WEST POINT

681 HARDEE PLACE

WEST POINT NY 10996-1514

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W16BCU 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

DPW-BOID

USAG WEST POINT

667 RUGER ROAD

WEST POINT NY 10996

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$12,000,000

NAICS:

512290

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF71

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SF 30 - BLOCK 14 CONTINUATION PAGE

PWS

Performance Requirement

2022 USMA Graduation Audio, Video and Lighting Requirement

LOCATION

Graduation ceremonies will be held at the Michie Stadium football field complex.

DATE

Graduation will be held: 21 May, 2022

TIME

Graduation will commence promptly at 9:00 a.m.

REQUIREMENT

To provide a complete primary sound reinforcement system independent of the stadium’s existing sound system intended for football game support, provide broadcast television dais lighting system.

The contractors sound system shall include all microphones, stands, cabling, amplifiers, sound mixing boards, equalizers, delays, loudspeakers, equipment stands, loudspeaker stands, weather protection, audio distribution amplifiers, press and media audio feeds 40, microphone splitters, ground lifting devices, hum elimination devices, and equipment operator(s).

The system shall incorporate the appropriate time alignment and equalization to provide undistorted sound covering the seating areas to be described. The system shall provide adequate power to and be able to achieve a minimum of 90 dB SPL (C-weighted), There shall be no more 3DB variation in the 60-8Khz frequency range throughout the coverage areas described below.

The system shall remain operational for 90 minutes after the release of the graduates. All contractor owned and provided equipment shall be removed NLT 6:00 p.m. on May 21, 2022. The contractor shall incorporate a means of redundant sound reinforcement should a failure of the contractor’s primary equipment components occur. The Dais Lighting system shall be provided and operational in accordance with specifications detailed within this statement of work. The contractor shall take necessary precautions to protect the turf surface, all cabling crossing the field must be ramped and not pose a hazard. All specifications to perform this contract are detailed below.

1. GUEST SEATING

A. The system shall provide full coverage for the following seating areas: Section 2 in the south end zone thru section 23 in the north end zone also to include the upper seating areas in front of, and adjacent to the Hoffman Press Box, the seating area for the graduating class, and the Gate 1 and Gate 3 staging area for the Graduating Class to receive instructions.

2. MICROPHONES

The podium (provided by USMA) will require 2 microphones arranged in a side-by-side configuration. Subject to change to a single mic set up if required by academy P.O.C. Recipient name announcement microphones on the dais will be required, 2ea will be setup to the left of the podium, on floor stands, microphones arranged in an over/under configuration. 2 wireless lavalier microphones 1 for the cadet charged with dismissing (1St Cpt) the graduating class and 1 for the class President for the class gift presentation. 2 wireless lavalier (same type as main) microphones will be required as back up microphones in the event of a wireless failure. 1 wireless Combo system with handheld and lavalier to be used as needed by the academy. A shotgun mic shall be set up centered on the back side (front barrier) of the downstage ramp to provide audio coverage of the commandant speaking.

The West Point Band and choir will require sound reinforcement and will be part of the final mix. The band and choir are typically located on the northern periphery of the dais but this is subject to change and may require additional cable length.

The band requires a minimum of 16 microphones and the choir requires a minimum of 8 microphones for a total of

24. Condenser mics may be used but in the event of rain dynamic mics MUST be used. Contractor shall provide all necessary microphone stands, booms, and cabling. 4 Additional audio lines are required for backstage announce and playback.

3. LOUDSPEAKERS

Loudspeakers shall be arranged so as not to obstruct the view of the graduating class from the seating areas. The contractor shall make provision to eliminate feedback for all sound support areas. Loudspeakers will be provided for general guest seating areas, including the upper seating area at Michie Stadium, graduating class seating on the field, stadium gate 1 located at the southeast corner, gate #3 at the northeast corner of the field, and dais monitor speakers. 2 additional speakers shall be set up in the backstage area with a full program mix. The contractor shall provide all cabling. The contractor shall take necessary precautions to protect cabling and cabling shall not pose a hazard. The contractor shall take all necessary precautions to protect the turf surface; where equipment will be placed or used on the field. This is to include protecting the turf during set up and removal of all equipment. Any equipment and materials needed for set up and removal (such as forklifts plywood etc.) shall be provided by the contractor.

4. ANCILLARY AUDIO FEED(S)

The contractor shall provide 1 ea. primary line balanced level feed (+4dB / 0Vu) and 2 ea. redundant balanced line level feeds of the final mix to the USMA television production system. Connections to the system will be made through the DPTMS television cameras in the following locations, (1 each), center press stand, stage left and stage right. The contractor shall provide press feeds for 40 positions, the feeds shall be –60dB balanced microphone level.

All feeds shall be free and clean of any noise, hum, or buzz. The contractor shall provide a 2-channel intercom communication capability (clear- com) to interface to the USMA Stadium intercom and provide intercom stations at the sound mixing location and up to 3 other location(s) to be determined by security personnel. The contractor shall provide all cabling. The contractor shall take necessary precautions to protect cabling and cabling shall not pose a hazard. The contractor shall take necessary precautions to protect the turf surface, cabling shall not pose a hazard.

5. DAIS.

The dais will be setup at the 50-yard line on the east side of the stadium and the dais access ramps will extend from the 0 yd line and continue towards the south end zone seating area. The dais will be setup by USMA engineers. A podium on the dais will be provided by USMA.

6. DAIS LIGHTING

Provide adequate lighting for live broadcast to minimize flash photography. The lighting instruments shall be as inconspicuous as possible and may mounted to the structural cross members supporting the canopy. The entire stage area will be lit, not spot lit, to include the walk in ramps ( a full stage wash ). Provide lighting instruments located near the northwest side 20-yard line and the southwest side 25 yard line. The lighting shall be of sufficient strength to illuminate the dais from behind the press platform. The lighting shall be sufficient to provide soft fill lighting on the speaker(s). All lighting shall be color corrected for ambient lighting and require HMI lights with a 5600 degree color temp. The stage wash shall provide an even wash with no more than 20fc change from stage right to stage left. Back lights shall use barn doors to prevent flares in the video shot from the main press riser, they shall be focused on the speakers shoulders at the lectern and diffused. All lighting instruments cannot interfere with still photography, or television camera ability to document the ceremony. The contractor shall take necessary precautions to protect the turf surface, cabling shall not pose a hazard.

7. POWER

The contractor shall provide a generator capable of powering the sound reinforcement equipment and lighting systems. The generator should be movie quiet or equivalent as to not disturb the ceremony. The generator shall be located outside the stadium near gate #1; however, this may be subject to change due to security requirements. The contractor shall provide all electrical cabling from the 400 AMP main panel in the stadium as well as from the back up generator including electrical pigtails required to connect to the power mains. The contractor shall also provide all temporary power distribution panels and all power cables required to operate contractor furnished equipment.

8. TECHNICAL SUPPORT

The contractor shall provide on-site technical support in addition to operator personnel. The contractor shall provide to the PAO/VI POC (point of contact) all AC power requirements for complete system operation. The contractor shall provide to the PAO/VI POC frequency and operating power of all 2-way radio equipment utilized in the performance of the requirement. 2-way radio communication will not interfere with the contractor’s primary sound reinforcement system or the existing stadium system.

9. PERFORMANCE TIMELINE

The contractor shall provide a plan indicating the location of equipment, speaker locations NLT (no later than) April 25, 2022 for review and consideration. The system shall be installed, fully operational and ready for performance review by 1530 on May 18, 2021. The contractor shall provide personnel for the purpose of operational testing, graduation rehearsal, and system check by academy personnel by 5:30 a.m. on day of rehearsal between May 19 and 20, 2022. Graduation rehearsal will begin at 0600. The contractor shall provide all personnel required for the operation, setup, testing, and removal of the contractor’s system and equipment. The contractor’s personnel must be on station from 4:00 a.m. May 21, 2022 and remain on station until 90 minutes after release of the graduating class. It shall be the responsibility of the contractor to obtain lodging, if necessary, for the contractor’s personnel.

10. CONTRACTOR PERSONNEL

The contractor shall provide a list of employees participating with the setup, operation, and breakdown of the provided audio system. The list shall include the employee’s full name, social security number, birth date, city, state, and country of birth, and permanent/temporary job status with the company. The list shall be provided 20 days prior to commencement of on-site work.

11. GOVERNMENT PROVIDED

The government shall provide 400 AMP, 3 phase electrical service for contractor provided sound reinforcement and lighting equipment. The government shall provide electricians to connect and disconnect contractor provided cables to electrical panels.

IMPORTANT NOTE:

INCLEMENT WEATHER:

Contractor shall provide cover as needed for their equipment in the event of inclement weather this is a rain or shine event.

PRS

Attachment 1

PERFORMANCE REQUIREMENTS SUMMARY (PRS)

USMA GRADUATION AUDIO AND LIGHTING

Specific Task Standard Performance Standard Method Performance Incentive

RS-1 Provide Microphones

SOW #2

Requirements are met or exceeded

Completed IAW SOW with 0 defects. No uncorrected defects.

100% Inspection

Assignment of Performance Rating:

Exceptional: Meets or exceeds requirement as described in the SOW with minor corrections/rework.

Satisfactory: Reworked with major corrections/revisions necessary. The rework is performed satisfactorily and does impact program.

Marginal: Reworked to meet expectations with major corrections/revisions necessary.

Numerous attempts to correct work IAW SOW and program is impacted.

Failure to rework to standards may result in contract termination.

RS-2

Provide Loudspeakers

SOW #3

Requirements are met or exceeded

Same as RS-1 100% Inspection

Same as RS-1

RS-3

Provide Ancillary Audio Feeds

SOW #4

Same as RS-1 100% Inspection

RS-4

Provide Dais Lighting

SOW #6

Same as RS-1 100%

RS-5

Power Requirements

SOW #7

Same as RS-1 100% Inspection

RS-6

Technical Support

SOW #8

Same as RS-1 100% Inspection

Same as RS-1

RS-7

Performance Time Line

SOW # 9

Same as RS-1 100% Inspection

RS-8

Provide Contractor Personnel Information List

SOW #10

Requirements are met or exceeded

Same as RS-1 100%

RS-9

Cable crossing must be ramped or mat covered

SOW Paragraph 1 met or exceeded

Same as RS-1 100%

W911SD22R0080

INSTRUCTIONS TO OFFERORS

Addendum to Criteria FAR 52.212-1 Instructions to Offerors

W911SD-22-R-0080 U.S Army United States Military Academy (USMA) Annual Graduation; Audio and Lighting Support.

Subject: Instructions to Offerors—SAM NAICS Code Registration

Properly filled out Solicitation with Quote, MUST be submitted electronically via e-mail in a PDF format to ignacio.j.cordova2.civ@army.mil on or BEFORE the closing date and time identified in block 8 of the SF1449.

All offerors interested in submitting a quote for this requirement need to follow the instructions.

In accordance with FAR (Federal Acquisition Regulations) 52.212-1 Instructions to Offerors

In order to be considered:

1. Must be registered in the System for Award (SAM), www.sam.gov, under the North American Industry Classification System (NAICS) Code Registration – 512290 Other Sound Recording Industries.

Solicitation Quotes, MUST be submitted electronically via e-mail in a PDF format to ignacio.j.cordova2.civ@army.mil on or BEFORE the closing date and time identified in block 8 of the

SF1449.

Be sure to include the Solicitation Number W911SD-22-R-0080 in the email subject line.

The Government shall make one contract award without discussion.

RS-10

System Performance of 89 dB SPL (A-weighted) distributed evenly

SOW Paragraph 1 Requirements are met or exceeded

Same as RS-1 100%

The Government shall not be liable for any lost or misdirected quotes and or samples.

IF AN OFFEROR DOES NOT SUBMIT THE REQUIRED DOCUMENTS NOTED ABOVE, THE

OFFEROR’S QUOTE SHALL NOT RECEIVE CONSIDERATION FOR CONTRACT AWARD.

WAGE DETERMINATIONS

"REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 2015-4159 Daniel W. Simms Division of | Revision No.: 17 Director Wage Determinations| Date Of Last Revision: 12/27/2021 Note: Contracts subject to the Service Contract Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

If the contract is entered into on or after January 30 2022 or the contract is renewed or extended (e.g. an option is exercised) on or after January 30 2022 Executive Order 14026 generally applies to the contract. The contractor must pay all covered workers at least $15.00 per hour (or the applicable wage rate listed on this wage determination if it is higher) for all hours spent performing on that contract in 2022.

If the contract was awarded on or between January 1 2015 and January 29 2022 and the contract is not renewed or extended on or after January 30 2022 Executive Order 13658 generally applies to the contract. The contractor must pay all covered workers at least $11.25 per hour (or the applicable wage rate listed on this wage determination if it is higher) for all hours spent performing on that contract in 2022.

The applicable Executive Order minimum wage rate will be adjusted annually.

Additional information on contractor requirements and worker protections under the Executive Orders is available at www.dol.gov/whd/govcontracts.

State: New York

Area: New York County of Orange

MAPPING

MAPPING--LAYOUT

PLEASE SEE ATTACHED---PLEASE SEE ATTACHED---PLEASE SEE

ATTACHED

SITE VISIT

Solicitation # W911SD-22-R-0080

Description: 2022 USMA Graduation Audio and Lighting Requirement

A site visit is scheduled for Monday, April 11th 2022 at 09:30 AM EST SHARP!

IT IS SUGGESTED TO ATTEND

Attendees must RSVP via EMAIL on or before Thursday April 07, 2022 with the name(s) and number of persons attending.

We will assemble at Michie Stadium 700 Mills Road, West Point New York by the MAIN ENTRANCE at 09:15 AM EST.

Send RSVP's to: ignacio.j.cordova2.civ@army.mil, please reference Solicitation # W911SD-22-R-0080 Site Visit in the Email subject line.

FAR 52.237-1 Site Visit -

Offerors / quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

If you DO NOT have a Department of Defense (DoD) issued identification card (CAC), then you must obtain a Local Area Credential (LAC) screening by filling out the Local Area Credential Request Form below (USMA Form 13-16 Text Format) attached.

Please BRING and SUBMIT the completed LAC form to the U.S. Army West Point Visitor Control Center, located 2107 New South Post Road, West Point, New York, 10996, Telephone: (845) 938-0390, the day of the Site Visit.*** **Give yourself at least 45 to 75 extra minutes for this process**

West Point Local Area Credential Application

(TEXT FORMAT)

Local Area Credential Requested:__ Alumni __ Guest __ Contractor __ Delivery

Administrative Data

Last Name:

First Name:

MI:

Gender: __ Male__ Female __ Other

SSN:

Driver’s License Number:

State:

Current Street Address:

City: State:

Zip Code:

Phone Number:

Email Address:

Height:

Weight:

Hair Color:

Eye Color:

Contractor/Sponsor Information

Project/Contract:

Employer: Supervisor:

Sponsor Information:

COR:

COR Phone Number:

COR Email Address:

Criminal History:

Have you been convicted of a crime in the past 10 years:

___Yes __ No __ Don’t Know

If Yes, what type: __ Misdemeanor __ Felony __ Other __ Don’t Know If Yes, explain:

For Administrative Use Only

Received By:

Received Date:

NCIC Date:

NCIC Request #:

Badge Issued: Yes __ No__ If No Why:

If Yes- Issue Date: Expiration Date: Badge #:

Privacy Act Statement Authority HSPD-12:

Principal Purpose: to record names, signatures and other identifiers for the purpose of validating he trustworthiness of individuals requisition access to West Point, New York. Records may be maintained in both electronic and paper form.

Routine Uses: None Disclosure: Disclosure of the information is voluntary however, failure to provide any of the requested information my impede, delay or prevent further processing of this request. USMA Form 13-16

REPRESENTATIONS &

FAR 52.204-24,25,26- Addendum

As a result of interim FAR rule 2019-009, published on July 14, 2020, and effective on August 13, 2020, implementation of the Section 889(a)(1)(B) Prohibition on Contracting with Entities Using Certain Telecommunications and Video Surveillance Services or Equipment Clauses.

Per FAR 52.204-24, 52.204-25, and 52.204-26, please ensure to provide your representations along with your quote.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each Graduation Sound and Lighting

FFP

Graduation Sound and Lighting- Base Period FY 2022 FOB: Destination MFR PART NR: Audio Recording VENDOR PART NR: Audio & Lighting PN/CN: Audio & Lighting Support

PURCHASE REQUEST NUMBER: 0011759313

PSC CD: T016

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1001 1 Each Opt # 1 Graduation Sound and Lighting

FFP

Option # 1 Graduation Sound and Lighting FY 2023 FOB: Destination MFR PART NR: Audio Recording VENDOR PART NR: Audio & Lighting PN/CN: Audio & Lighting Support

PURCHASE REQUEST NUMBER: 0011759313

PSC CD: T016

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 1001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-MAY-2022 TO

30-APR-2023

N/A DPW-BOID

USAG WEST POINT

667 RUGER ROAD

WEST POINT NY 10996

FOB: Destination

W16BCU

1001 POP 01-MAY-2023 TO

30-APR-2024

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W16BCU

CLAUSES INCORPORATED BY REFERENCE

52.204-6 Unique Entity Identifier OCT 2016 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities

DEC 2021

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

NOV 2015

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

DEC 2021

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

DEC 2021

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

DEC 2021

52.217-5 Evaluation Of Options JUL 1990 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016

52.222-37 Employment Reports on Veterans JUN 2020 52.222-50 Combating Trafficking in Persons DEC 2021 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.227-1 Authorization and Consent JUN 2020 52.233-3 Protest After Award AUG 1996 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.247-34 F.O.B. Destination NOV 1991 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997

CLAUSES INCORPORATED BY FULL TEXT

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

(a) Definition. As used in this provision-- Internal confidentiality agreement or statement, subcontract, and subcontractor, are defined in the clause at 52.203- 19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of provision)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS (JAN 2017)

(a) Definitions. As used in this clause--

Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

(End of clause)

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2022)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 512290.

(2) The small business size standard is $12,000,000.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(D) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

52.204-12 UNIQUE ENTITY IDENTIFIER MAINTENANCE (OCT 2016)

(a) Definition. Unique entity identifier, as used in this clause, means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at the System for Award Management (SAM) for establishment of the unique entity identifier throughout the life of the contract. The Contractor shallcommunicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC

2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

52.204-20 Predecessor of Offeror (AUG 2020)

(a) Definitions. As used in this provision--

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered…

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